The City of New York Department of Investigation MARK G. PETERS COMMISSIONER 80 MAIDEN LANE Release #23-2014 NEW YORK, NY 10038 nyc.gov/html/doi 212-825-5900 FOR IMMEDIATE RELEASE CONTACT: DIANE STRUZZI THURSDAY, OCTOBER 30, 2014 (212) 825-5931 DOI INVESTIGATION LEADS TO THE ARREST OF THREE FORMER CITY EMPLOYEES AND A CITY CONTRACTOR IN BRIBERY SCHEME Mark G. Peters, Commissioner of the New York City Department of Investigation ( DOI ), announced today that three former New York City Department of Environmental Protection ( DEP ) employees and FLO TREND SYSTEMS, INC. ( FLO TREND ), a Houston-based DEP contractor, have been charged in a decadelong bribery scheme in which FLO TREND gave lavish gifts a value that exceeded approximately $175,000 -- to these City employees, including cell phones, laptop computers, fishing trips, vacations, and season tickets to the Yankees. In return, these employees ensured that FLO TREND s contracts were renewed and extended, even lobbying, albeit unsuccessfully, another City agency to consider FLO TREND s untimely bid on a contract. FLO TREND s Vice President was charged last week on bribery offenses in connection with this investigation. DOI s findings are documented in a report, which is attached to this release and includes the corruption vulnerabilities uncovered during the investigation and the DOI recommendations adopted by DEP. Commissioner Mark G. Peters said: DOI s investigation uncovered a bribery scheme that benefited everyone but the City, and defrauded the taxpayers of tens of thousands of dollars, according to the charges. Most significantly, DOI s investigation led to the strengthening of oversight regarding DEP s requirements contracts, preventing this type of criminal conduct in the future. According to DOI s investigation and the criminal complaints, between 1998 and 2012 FLO TREND had approximately a half dozen contracts with DEP for the maintenance, repair, and supply of waste holding containers for DEP s water treatment operations, at a value of more than $14 million. During this time, FLO TREND, primarily through its Vice President CARL RUSSELL CAUGHMAN, gave gifts to three DEP employees who worked in decision-making positions with authority over FLO TREND and its City contract. Specifically, according to the investigation and criminal complaints: DEP Transportation Section Chief DENNIS JONES was responsible for drafting FLO TREND s contracts specifications and approving their purchase orders; that he instructed FLO TREND to submit fraudulent purchase orders to cover the expense of items, which were in fact benefits, such as mobile phones and mobile phone service plans; that when FLO TREND refused to provide a benefit requested by JONES he slowed the work called for on the contract and prevented billing on the contract. FLO TREND provided JONES with a number of benefits, including Yankees tickets, vacation expenses in Las Vegas, gas cards and fishing trips in Montauk. more
BHASKAR SIL, as a DEP Project Manager was responsible for evaluating FLO TREND s contract performance; that he received mobile phones and a related service plan and a laptop computer from FLO TREND; that SIL demanded a laptop computer and mobile phone from FLO TREND and threatened to delay processing and submitting FLO TREND invoices if those demands were not met; that he knew FLO TREND was submitting fraudulent purchase orders to DEP to pay for the mobile phone and related service plan. THOMAS BENTSEN, who was DEP Transportation Section Chief at the time of the charged conduct, was responsible for drafting FLO TREND s contract specifications, overseeing its performance, and supervising JONES and SIL; that FLO TREND paid for cell phones and related plans and fishing trips for BENTSEN; and that BENTSEN was aware that his subordinates had demanded benefits from FLO TREND to renew and extend FLO TREND s contract and BENTSEN accepted the benefits anyway. The investigation found that a consolidation of authority supervising this contract at DEP, and a lack of oversight and review of these DEP employees decisions, made DEP particularly vulnerable to this charged illegal conduct. As a result, DOI recommended, and DEP has agreed, to rotate DEP project managers overseeing requirements contracts, where feasible; randomly check a sampling of approved requirements contracts orders before DEP makes such purchases or takes action in connection with them; and authorize DEP s Engineering and Audits Office to provide an additional layer of review. The following individuals were arrested today and were each charged with Bribe Receiving in the Third Degree, a class D felony; Receiving Reward for Official Misconduct in the Second Degree, class E felony; and Official Misconduct and Receiving Unlawful Gratuities, both class A misdemeanors: JONES, 48, of Long Island City, Queens, began working at DEP in July 1990 and when he resigned in September 2013, during the investigation, he was receiving an annual salary of approximately $104,570. BENTSEN, 51, of Oceanside, New York, began working at the agency in February 1988 and when he resigned in November 2013, during the investigation, he was receiving an annual salary of approximately $63,390. SIL, 69, of Deltona, Florida, began working at DEP in September 1985 and at the time of his retirement in January 2012, he was receiving an annual salary of approximately $66,590. FLO TREND SYSTEMS, INC. was also charged today with Bribery in the Third Degree, a class D felony, and Giving Unlawful Gratuities, a class A misdemeanor. According to the criminal complaint, the company provided mobile phones and related service plans, tickets to Yankees baseball games, gas cards, laptop computers, travel expenses to Las Vegas, and chartered fishing trips to DEP employees responsible for approving purchase orders and work orders submitted by FLO TREND and evaluating the performance of FLO TREND s contracts; and that the above benefits were provided to facilitate the extension or renewal of FLO TREND s contracts. Under New York City conflicts rules, a City contractor is not permitted to provide or offer goods and services in excess of $50 to City employees. Last week, on October 20, 2014, CAUGHMAN, 62, of Houston, Texas, was charged with Bribery in the Three Degree, a class D felony, and Giving Unlawful Gratuities, a class A misdemeanor. His next court appearance is in January 2015. Upon conviction, a class D felony is punishable by up to seven years in prison, a class E felony is punishable by up to four years in prison, and a class A misdemeanor is punishable by up to a year s incarceration. Commissioner Peters thanked New York City Comptroller Scott M. Stringer, and his staff, for referring the matter to DOI and for their assistance in this investigation; and Queens County District Attorney Richard A. 2
Brown and DEP Commissioner Emily Lloyd, and their staffs, for their assistance and cooperation in this investigation. This investigation was conducted by DOI s Office of the Inspector General for DEP, specifically Assistant Inspectors General Sadie Boursiquot and Byron Biggerstaff, and Special Investigators Joshua Richardson and Dan Taylor, under the supervision of Inspector General Gregory Cho and Senior Associate Commissioner Michael Carroll. Assistant District Attorney Theresa Smith from the office of Queens County District Attorney Richard A. Brown is prosecuting the case under the supervision of James M. Liander, Chief of the District Attorney s Integrity Bureau. Criminal complaints are accusations. Defendants are presumed innocent until proven guilty. DOI is one of the oldest law-enforcement agencies in the country. The agency investigates and refers for prosecution City employees and contractors engaged in corrupt or fraudulent activities or unethical conduct. Investigations may involve any agency, officer, elected official or employee of the City, as well as those who do business with or receive benefits from the City. DOI s press releases can also be found at twitter.com/doinews See Something Crooked in NYC? Report Corruption at 212-3-NYC-DOI. 3